suppression order
📖 What is suppression order? Meaning and definition
In New Zealand tenancy law, a suppression order is a crucial tool for protecting the privacy of individuals involved in disputes heard by the Tenancy Tribunal. When granted, it means that specific information, such as a landlord's or tenant's name and other identifying particulars, cannot be made public. This is particularly relevant for self-represented litigants who may be concerned about the impact of public disclosure on their personal or professional lives.
The Tenancy Tribunal must grant a suppression order if a party who has wholly or substantially succeeded in the proceedings applies for it. However, this is not absolute; the Tribunal can decline the order if it believes publication is in the public interest or justified by the party's conduct or other circumstances. Additionally, suppression may be ordered even if a party hasn't wholly succeeded, by considering the interests of the parties and the public interest.
Suppression orders are often sought by both landlords and tenants. For instance, if parties reach a resolution, such as through a consent order, and both have had an element of success, the Tribunal may grant name suppression to both. This acknowledges that such resolutions could have been reached confidentially through mediation, and it is in the public interest for parties to resolve their disputes. The aim is to balance transparency with the need to protect individuals involved in tenancy matters.
📋 Requirements
- Application for suppression made by a party.
- The applicant has wholly or substantially succeeded in the proceedings.
- The Tribunal considers publication is not in the public interest or justified by the party's conduct or other circumstances (if the applicant has succeeded).
- The Tribunal may also consider the interests of the parties and public interest (even if the applicant has not wholly or substantially succeeded).
📝 Procedure
- A party includes a request for name suppression in their application to the Tenancy Tribunal.
- The Tenancy Tribunal considers the application for suppression during or after the hearing.
- The Tribunal assesses whether the applicant has wholly or substantially succeeded in the proceedings.
- The Tribunal decides whether to order suppression of the party's name and identifying details, taking into account relevant factors like public interest or the parties' conduct.
💡 Examples
- A tenant who was granted a conditional termination order had their name and identifying details suppressed by the Tribunal.
- Both a landlord and a tenant in a rent arrears dispute, who reached a full and final settlement, were granted name suppression.
- A landlord who wholly succeeded in their claim for rent arrears and cleaning costs had their name suppressed as requested.
- If a dispute is resolved through a consent order, and both parties have achieved some success, the Tribunal may order name suppression for both.
📚 Legal basis
- Section 95A(1) RTA
- Section 95A(4) RTA
❓ Frequently asked questions
What does 'wholly or substantially succeeded' mean in relation to a suppression order?
It means that the party applying for suppression has won their case entirely or achieved a significant portion of what they sought in the proceedings. For example, if a landlord claims for rent arrears and cleaning costs and the Tribunal orders the tenant to pay all amounts, the landlord has wholly succeeded.
Can both parties in a tenancy dispute get a suppression order?
Yes, if both parties apply for suppression and manage to reach a resolution where both have had an element of success, the Tenancy Tribunal may order name suppression for both, especially if the resolution could have been reached confidentially through mediation.
Does the public interest ever override a party's right to suppression?
Yes, even if a party has wholly or substantially succeeded, the Tenancy Tribunal can decide against granting a suppression order if it considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
If I apply for a suppression order, is it guaranteed to be granted?
No, it is not guaranteed. While the Tribunal 'must' grant it if you wholly or substantially succeeded and applied for it, there are exceptions. The Tribunal will consider factors like public interest or your conduct, and it has discretion to deny the order in certain situations.
What kind of details can be suppressed?
Typically, a suppression order covers a party's name and other identifying particulars. This means any information that could directly identify the individual or entity involved in the tenancy dispute.
Is a suppression order permanent?
The excerpts do not specify the duration of a suppression order. Generally, such orders are intended to protect identity in relation to the specific proceedings, but their permanence can depend on the specific terms set by the Tribunal.